Ruse v. Pittsburgh Railways Co.
Ruse v. Pittsburgh Railways Co.
Opinion of the Court
The errors assigned relate to the measure of damages,
The loss of earning power, as an element of damage, must be proved as any other fact, but such proof need not be clear and indubitable as to the extent of loss to entitle it to go to the jury: Simpson v. Railroad, 210 Pa. 101. It is rarely that the proof is as satisfactory as that offered by the plaintiff in this case, which was of a fixed salary before injury and inability to earn anything afterwards. The case was submitted in a manner to fully protect the rights of the defendant and we find no error in the record.
The judgment is affirmed.
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- Syllabus
- Damages — Measure of damages — Negligence—Loss of earning power — Evidence—Proper recovery. Damages for loss of earning power resulting from injuries sustained by plaintiff in a street railway accident are justified by evidence showing that he had previously been earning a fixed salary but that he was incapacitated by his injuries from earning anything in the only business of which he had knowledge.